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Also known as:Old-Age Survivors and Disability Insurance · OASDI · Social Security
Written by attorneys — see sources below.
A federal insurance program funded by payroll taxes that provides monthly benefits to retired workers, their surviving spouses and dependents, and individuals who become disabled before retirement age.
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How its tested
Common Examples
2
Disability Benefit Termination Process
Orson Ochoa receives monthly disability payments under the program. The agency sends written notice of proposed termination and invites a written response. Orson submits evidence but the agency ends payments. He receives a full evidentiary hearing months later and prevails, obtaining retroactive benefits.
Elective Share Augmented Estate
Oscar Ortiz dies intestate. His spouse Olive receives monthly survivor benefits under the program. When calculating her elective share against the augmented estate, the probate court excludes those payments from the base used to determine the share.
Put it into practice
Test Yourself
10
Practice Questions5
· 13 primary sources
Cases
Uniform Acts
Restatements
3 common questions
Students Frequently Ask...
Does due process require a pre-termination evidentiary hearing before Social Security disability benefits end?
No. Written notice and an opportunity to respond in writing before termination, followed by a post-termination evidentiary hearing with retroactive benefits if the claimant prevails, satisfy due process under the balancing test.
Supporting sources
Are Social Security survivor or disability payments included when calculating a surviving spouse's elective share in an augmented estate?
No. The statute expressly excludes payments under the federal Social Security system from the property that passes to the surviving spouse by reason of the decedent's death and is counted in the augmented estate.
Supporting sources
What payroll tax funds the Old Age, Survivors and Disability Insurance program?
The OASDI component of FICA imposes a 6.2 percent tax on wages up to an annual wage base on both employees and employers.
Trusts and Estates Decedents EstatesFamily protection · Spouse’s forced or elective sharesUBEFoundational